Disclaimer

General. Workman Nydegger PC (or “we”) provides information found in this Web site for general informational purposes only and such should not be construed as legal advice or legal opinion on specific facts or circumstances. The information found on this Web site is not intended to constitute, and does not constitute, a solicitation for the formation of an attorney-client relationship. Further, the information found on this Web site is general in nature, and may not apply to particular factual or legal circumstances. You are urged to consult an experienced lawyer concerning your particular factual situation and any specific legal questions you may have. As well, any opinions expressed in the Web site are those of the author alone and do not necessarily reflect the opinion of, nor are endorsed by, Workman Nydegger. Opinions expressed in any linked materials are those of the respective authors alone.

In addition, unsolicited e-mails and information sent to Workman Nydegger do not create an attorney-client relationship with Workman Nydegger, will not be considered confidential, and may be disclosed to others pursuant to our Privacy Policy. Workman Nydegger accepts clients only in accordance with certain formal procedures, and renders legal advice only after completion of those procedures. No attorney-client relationship attaches as a result of any exchange of information via use of this Web site.

Lawyers in the firm are licensed to practice in limited jurisdictions. Workman Nydegger does not seek to represent anyone desiring representation based upon accessing the Web site in a jurisdiction where the Web site fails to comply with applicable laws and ethical rules. In addition, our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so. No Workman Nydegger attorney will undertake representation of clients in states where he or she is not admitted.

2. Rules of Conduct. You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Web site and/or any information available via this Web site. In addition, your use of the Web site is conditioned on your compliance with the following rules of conduct. You agree not to:

Use the Web site for any fraudulent or unlawful purpose.

Impersonate any person or entity, including, but not limited to, any Web site employee, agent, or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.

Interfere with or disrupt the operation of the Web site.

Transmit or otherwise make available in connection with the Web site any spam, virus, worm, Trojan Horse, or other harmful code. Restrict or inhibit any other person from using the Web site, including by means of hacking or defacing any portion of the Web site.

Interfere with or violate any other Web site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Web site visitors or users, or about Workman Nydegger attorneys, other employees and representatives identified on the Web site, without their express consent.

Sell, resell, transfer, license, or exploit for any commercial purposes any use of or access to the Web site or the information found on this Web site.

Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Web site or Materials.

Frame or mirror all or any part of the Web site without our prior express written authorization.

3. Workman Nydegger’s Proprietary Rights. You acknowledge and agree that the Web site and the information found on this Web site are and shall remain the property of Workman Nydegger and/or its licensors, and are protected by copyright, trademark, and/or other proprietary rights and laws. Except as expressly authorized in advance by Workman Nydegger, you agree not to copy, distribute, transmit, display, perform or create derivative works of the Web site or any of the information found on this Web site, provided that, subject to your compliance with this Agreement, Workman Nydegger does grant to you a limited, personal, revocable, non-transferable and non-sublicensable license to (a) access the Web site and the information found on this Web site via the Internet solely for purposes of viewing such materials and (b) to print out pages of this Web site for your personal, non-commercial use. Trade names, trademarks, and service marks of Workman Nydegger or its affiliates include, without limitation, “Workman Nydegger”, “Workman | Nydegger”, “WN”, “Workman-Nydegger”, “wnlaw.com”, “workmannydegger.com”, “W|N” and any associated logos. All trade names, trademarks and service marks on the Web site that are not owned by Workman-Nydegger or its affiliates are the property of their respective owners. The trade names, trademarks, and service marks owned by Workman-Nydegger or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not either ours or one of our affiliate’s product or service, or in any other manner that is likely to cause confusion or dilution. Nothing on the Web site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of Workman Nydegger’s (or its affiliates) trade names, trademarks, or service marks without our (or the relevant affiliates) prior express written permission.

4. Limitation of Liability and Disclaimer of Warranties. The Web site and the information found on this Web site are provided to you “as is” without any warranties of any kind, whether express, implied, or statutory. Workman Nydegger, its affiliates and its suppliers do not make any, and hereby disclaim all, warranties that might arise from your Use or reliance on the Web site (including any links to other web sites that are contained within the Web site) and the information found on this Web site, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Workman Nydegger, its affiliates and its suppliers will not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, negligence, strict liability, or other theory, including but not limited to damages for loss of profits, use, data, or other intangibles, even if Workman Nydegger, its affiliates and/or its suppliers have been advised of the possibility of such damages in advance. Your sole remedy for dissatisfaction with the Web site or the information found on this Web site is to stop using the Web site or the information found on this Web site.

5. Indemnity. You agree to defend, indemnify and hold harmless Workman Nydegger, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the Web site; (b) any violation of this Agreement by you; (c) any improper or unauthorized use of the information found on this Web site by you; or (d) any allegation that anything you transmit through or in connection with the Web site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.

6. Jurisdictional Issues. The Web site is controlled and operated by Workman Nydegger from its principal office in Salt Lake City, Utah, U.S.A., and is not intended to subject Workman Nydegger to the laws or jurisdiction of any state, country, or territory other than that of Utah and of the United States of America. Workman Nydegger does not represent or warrant that the Web site or the information found on this Web site, or any aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Web site or Materials do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Web site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or re-export all or any part of the information found on this Web site to (or to a national or resident of), or to use all or any part of the information found on this Web site from (as applicable): (a) Balkans, Burma (Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.

7. Governing Law and Forum. This Agreement is governed by and shall be construed in accordance with the laws of the State of Utah, United States of America, without regards to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Web site or the information found on this Web site, you agree to the exclusive jurisdiction of the federal and state courts located in the State of Utah, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

8. Miscellaneous. If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. A party’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, is the entire Agreement between you and us relating to your use of the Web site or the information found on this Web site, and supersedes any and all prior or contemporaneous written or oral Agreements between you and us regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent.